It seems that New Jersey resident Kenneth Jameson drafted a will in 1987 that specifically disinherited his daughter Stacy Wolin because she was selfish, manipulative, cruel and abusive. Jameson passed away in 2014 and the daughter has been attempting to get the courts to disregard the disinheritance.

She claims the real reason she was disinherited is that her Catholic parents objected to her dating a Jewish man in college. She later married the man, presumably against her parents’ wishes.

The court ruled that New Jersey’s anti-discrimination laws do not disallow a discriminatory disinheritance. It decided that courts are required to uphold wills even if they are contrary to the principles of justice and humanity as long as the person drafting the will was competent to do so.

It is not known whether Wolin plans to appeal the decision to a higher court.

The laws on disallowing a disinheritance or other will provisions as against public policy vary from state to state and are normally decided on an ad hoc basis by courts when specific issues are raised.

02/26/2016

It can be a tough decision but you can prevent your children from receiving any part of your estate.

As a teenager a man had a relationship that resulted in a daughter but he did not find out until the daughter wrote to him with the news that her mother had identified him as the father while the mother was on her death bed.

The man paid for DNA testing which confirmed that she was his only child.

Unfortunately, the father and daughter ultimately did not get along and ceased communication. The man lives with a partner who wishes to give him her house when she passes. However, this partner is reluctant to do so. It seems she does not want the daughter to inherit the house when the father passes away.

The man wonders how he can ensure that the daughter will not inherit the house.

The answer to the reader's question is very short and simple. He can have a will prepared to specifically exclude the daughter and any of her children.

Nevertheless, the article does not elaborate regarding why this needs to be done.

Accordingly, a more complete explanation would have noted what happens when a single person passes away without a will. In such circumstances, the laws of intestate succession apply. Consequently, the estate passes to any living children.

So, if you do not want a child to inherit your estate, you need a will. However, that is not all that must be done.

The law assumes that if a child is not mentioned in a will, it was an oversight. The judge can reconstruct the will to include the child. For that reason the child must be mentioned in the will and specifically disinherited.

A meeting with an estate planning attorney can help you accomplish your goals.